Grievance Procedure "Conflict Of Interest"

[HongKongPenny]

Hi,

I am facing a challenging situation at work and would really appreciate any advice HR professionals who use this site can share.

The situation is as follows:

My partner and I worked together and reported to the same manager.

Last year, my partner had cause to raise a formal grievance about our manager, alleging she was bullied. Although the HR team concluded thet the allegations were "unsubstantiated," she was offered a generous payout and resigned.

For the last year, my manager has been piling more and more tasks onto my workload, steadily increasing it to around double what it was 18 mths ago. I now often find it extremely difficult to complete tasks on time, am expected to cover colleagues' work when they are on leave and she has threatened me with a performance warning for not meeting deadlines.

Another colleague, a friend, is now being "performance managed" by her. I attended with him for support as he received a verbal warning. He was placed on the spot and forced to respond immediately to a long list of petty "offences" she had carefully compiled over several months, mainly relating to failure to meet deadlines.

I since went to our HR rep and stated I also feel that her management style is inappropriate and that I have an unrealistic worklload. The response was that she can't deal with it as it is a "conflict of interest" (possily due to my attendance at my friend's performance warning??) She suggested I talk to the HR manager but I am confused about how this presents a "conflict of interest" and would rather deal with her as she's closer to the problem.

To add to the mess, our manager is very close friends with her own manager - when my partner made bullying allegations, he lied to protect her, stating my partner had never made him aware of the issue (she had.)

Her management style makes me feel unappreciated, demotivated and completely miserable, to the point where it's affecting my home life as well as work.

Is she actually breaking any HR rules or laws?
What should I do? Any advice would be greatly appreciated!!

Thank you in advance.

[Moz]

At least your HR rep is being honest, but it would be interesting to know why she has a conflict of interest. Nevertheless, I think you have to follow her advice in the first instance and go see the HR Manager. While you are there ask to see a copy of your HR file!

I'm sure some others on this forum will be better placed to offer advice, but I am certain about one thing you should do - document everything that has happened and is happening meticulously! Dates, approx times if possible, what was said and by whom. You should suggest your friend who is being "performance managed" do the same.

It sounds to me that your boss is vindictive and you are being discriminated against and bullied. My personal view is that people like this rarely change, and if she has friends higher up who are prepared to lie to protect her then you may be wise to find another job.

However, even if you end up leaving of your own accord it sounds like you probably have grounds to make a claim against your employer, for constructive dismissal (it may be called something else now), and/or "adverse action" under the Fair Work Act. However, I would advise you to seek some advice from a lawyer who specialises in employment law before you make any decisions, and take your documentation with you (it is essential in these cases).

This may seem like extreme measures, but if you just leave and do nothing, more people will be victimised by this woman.